DEENANATH YADAV Vs. ISTYAQUE AHMAD AND OTHERS

JUDGEMENT

(1.) Appellant has filed the present second appeal challenging the judgment and decree dated 23.11.2017 passed by 1st Additional District Judge, Katni in Civil Appeal No.11-A/2013 and also judgment and decree passed by 4th Civil Judge, Class-I, Katni in Civil Suit No.66-A/2010 dated 06.02.2013.

(2.) Learned trial Court has decreed the suit filed by plaintiffs for handing over vacant possession of suit house within 2 months under Section 12 (5) of the M.P. Accommodation and Control Act , 1961. The said decree was further confirmed by the Appellate Court. This second appeal is filed for proposing two substantial questions of law namely:-

(3.) Istyaque Ahmad and Mohd. Shaheed has filed the suit for eviction of Deenanath Yadav. The owner of the premises was Kulsum Bi. After death of Kulsum Bi, her son Abdul Hameed i.e. father of plaintiff no.1 and 2 became the owner and he had filed a suit bearing no.460-A/2000 for eviction of defendants. The said suit was dismissed vide order dated 14.03.2002. Thereafter, plaintiff namely Istyaque Ahmad and Mohd. Shaheed has filed fresh suit for eviction on the grounds of arrears of rent and for bonafide need. The suit filed by the plaintiff was decreed and defendant was ordered to handover the vacant possession within two months to the plaintiff. The said judgment and decree was challenged in appeal and appeal was dismissed by the Appellate Court affirming judgment and decree of the trial Court.